Third Circuit Concludes a Job Applicant Cannot File a Discrimination Claim Under New Jersey’s Cannabis Law
In a 2-1 split decision issued on December 9, 2024, the Third Circuit held that employees do not have a private right of action under New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), marking the first time a court has analyzed the statute’s employment protections since its passage nearly four years ago. Statutory Background In February 2021, New Jersey enacted CREAMMA, a voluminous law regulating the legal manufacturing, distribution, sale, and use of cannabis throughout the state. Among the sea of statutory provisions, CREAMMA prohibits employers from taking adverse employment action against: (1) a prospective or current employee based on the use or non-use of cannabis; or (2) a current employee based solely on a positive cannabis drug test. Yet, the law does not provide an express enforcement mechanism against employers who violate these provisions. In September 2022, the Executive Director of the New Jersey Cannabis Regulatory Commission (“the Commission”) issued some guidance to employers grappling with the implementation of CREAMMA’s anti-discrimination provisions. However, the guidance provided little in the way of practical information for employers struggling to implement CREAMMA in the workplace. The Third Circuit’s Decision in Zanetich In Zanetich v. Wal-Mart Stores E., Inc., No. 23-1996, 2024 U.S. App. LEXIS 31051 (3d Cir. Dec. 9, 2024), the plaintiff filed a two-count...